How to Stop Pinnacle Credit Services Collection Calls After Expired Statue of Limitations
My mother received a call at work from Debt Collection rep. Called rep back, he said he is calling to collect on a debt for client. According to him, my mom opened account in 6/2003 with last status dated 11/2004. Original creditor was Chase then sold off to Pinnacle. He had access to her credit report - he checked w/ me on phone and said he doesn't see the debt, however he said it's normal for debt in collection not shown on report. I though bad debt in collection stay on report for 10 years? Mom/I called Chase - who confirmed of only 2 current accounts. I checked mom's report pulled in 2/2012 and don't see the debt either. I asked him to provide documentation to validate debt, he said he can only send last statement that was mailed to my mom. I'm in OR, statue of limitation is 6 years for credit accounts? What can I do next to help mom stop collection attempted one expired SOL w/o restart clock on SOL?
What can I do to stop collection attempt on questionable debt that has expired statue of limitation?
—Samantha
First, I would like to know if the collection call was from Pinnacle Financial Group or Pinnacle Credit Services. If you are not sure which, or perhaps it is neither, let me know the phone number the debt collector called from or that you called him back on.
Pinnacle Financial and Debt Collection Accounts on Your Credit Report
When credit card payments are stopped, you end up with 30 day late payments on the credit report until the creditor, in this case Chase, charges off the debt. Charge off happens most often around 180 days of nonpayment, so 6 months. Once the credit card charges off, Chase may sell the debt to a debt buyer who may also report a collection trade line on the credit report. Once your debt goes unpaid for 7.5 years, both the Chase charged off account reporting AND the debt buyer or debt collector reporting should fall off.
This is why the negative items are not appearing on the credit report. The time for them to appear has expired. The ten year time line for negatives on a credit reports that you mentioned is often confused with the fact that chapter 7 bankruptcies will remain on the credit report for 10 years.
A debt collector who tells you, as a general fact, that it is normal for collection accounts to not show on the credit report is not to be trusted right out of the gate.
Pinnacle Financial Group or Pinnacle Credit Services Buy Debts
Debt buyers like the Pinnacles are chasing down bad debts in order to turn a profit. Sometimes they buy up debt that may be really old. It sounds like they have had this debt for a few years from what you wrote in your post. If they have had it for all this time, they screwed up by not making collection attempts earlier.
There are many reasons debts get lost in the weeds when they are sold off, resold, assigned out and the rest of the sorted mess that happens. The fact he mentioned he can mail a copy of the last Chase statement to your mom is actually surprising. But it appears none of that may matter at this point.
With the date of last payment made to Chase on this credit card being more than 6 years ago, neither Pinnacle Financial Group nor Pinnacle Credit Services can legitimately use the courts to collect the debt. Well, they could try, but you would defend the attempt by properly noticing the court that the account is time barred due to the Oregon statute of limitations having expired.
Sending a Cease Communication Letter to a Debt Collector
Cease communication letters are a great tool to get collection calls and attempts to stop. I caution against sending them when a legitimate debt is owed because it cuts a debt collector like the Pinnacles off from any effort to collect other than through the courts, and most people want to avoid be sued.
In your situation, where the debt is past the statue of limitations, sending a cease communication letter does not raise the concerns of cutting them off from collector calls and collection letters.
A very simple cease communication letter sent certified mail return receipt requested would do the trick. A basic cease communication letter would consist of:
- Who you are (Name, address, and phone numbers).
- Identify the Chase credit card debt by account number and any other internal number Pinnacle may have used or given you as a file number.
- Make a simple statement that your requesting (read demanding) no further collection attempts as is your right pursuant to the Fair Debt Collection Practices Act (1692c).
- Throw in a little something about the statute of limitations having expired
That’s the gist. Keep a copy of the letter and the return receipt you get back in a safe place. If they continue collection attempts after that you will have additional options to deal with the situation.
Please let me know which Pinnacle debt collector this is in a comment reply below. Also post any additional questions you may have. Any readers dealing with a Pinnacle debt collector are welcome to add to the discussion using the comment section.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
I received a message from a number I didn’t recognize. The message left said they had made two attempts to deliver something, and needed me to contact them. I had sent a certified letter to my soon to be ex husband, who lives in Royse City, Texas and previously lives in Plano, Texas. The call was coming from Plano, so I automatically thought it was post office wanting me to verify an address for him, since he hadn’t picked up the letter. It’s a connector trying to collect on something from about 12-13 years ago. Is it legit. He gave me the name Pinnacle which he said was in Oklahoma City. The original phone number that called me was 469-642-6167. Message was to call the number 833-637-0179.
It could be a collection scam. More on that here: https://consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
It could also just be zombie debt. More on that here: https://youtu.be/AehXi8m3IT4
I just received a call from a number I didn’t recognize and the message said to call because address they have on file isn’t up to date and they are trying to send something to me. When I called the guy was rude and condescending and the debt he’s claiming is from 2005 and they have tried to contact me but I’ve disregarded the calls. I don’t answer calls I don’t recognize. He claims I’m being sued by US Bank and the letter I need to sign. I hung up on him because he was so rude and kept interrupting me. What do I do. I have no knowledge of this debt. Not saying it isn’t valid but I have not received any information by mail and he’s saying they want to sue me for $6000 but they will settle for $1900
Check out this post about debt collection scams: https://consumerrecoverynetwork.com/question/debt-collection-scams-fakes/
I am receiving calls from (888) 831-1804 – they say they are pinnacle. How do I find out what they are trying to collect. (As far as I know, I haven’t got any outstanding debts)
p.s. 3 calls coming a week after 12 daily calls from my own number (which I have been told is a debt collection spoof)
Are there any collection accounts appearing on your credit reports?
Stop calling my boyfriend, mother, father, sons or anyone related to us! My brother IS an attorney….cease and assist or I will take legal action!
I am sure you are just venting, but this is a resource web site designed to help people resolve debt and credit issues. Your message appears to be intended for Pinnacle Credit Services or another collection agency.
If you truly want to notify a debt collector of your right to cease communication, you want to do that in writing, and send certified mail. If they continue to contact you after that come back and let me know and I can help you from there.
I was just called by Pinnacle tonight and treated horribly!! They contacted me in June about a debt that is 15 years old. I explained that I am homeless right now and livjng in a shelter. They told me they were taking me to federal court. There is nothing I can do at this point. They called again tonight threatening me with legal action and told me they equate me to ” a thug that walks into a bank waving a gun”. I hung up in tears. I tried to call them back and was bullied some more. What a horrible business!!! What can I do?
That is unacceptable Meagan. Post the state you live in and I will email you contact details for attorneys that can help you with FDCPA violations, and who will not charge you a penny.
Hi Michael
Can I ask your advise too please? I am in England and am receiving letters from Pinnacle for a debt on a timeshare myself and an ex partner purchased 14 years ago prior to splitting up. I sought legal advise and was advised to cease any payments which I did, I had a call from the time share company who told me to return my paperwork which I did. Now I am receiving letters from Pinnacle telling me my timeshare company have not got any paperwork I returned and no record of asking for it and demanding money. I don’t really understand the American legal system and am at a loss because I can not afford these payments
It would help to know the timelines on all of this.
When did payments stop?
When did you send paperwork back, and what was the nature of those documents?
The payments stopped about 2 years ago. I sent the deeds back around 6 months ago. These pinnacle people sent me a copy of my deeds back and told my the time share company do not have my paperwork. I have heard awful things about pinnacle having read up about them.
What is your goal? Do you intend to return to the US, and if so, when?
Given the timelines and your location out of the US, my feedback will vary with your answers.
I have no intention of returning and finances would not permit me for a very long time. I was advised to stop payments and that’s what I did .
Unless this is preventing you from accomplishing some credit and financing goals I am not sure I would do anything at this point. I do not see them suing in England.
If your plan changes, or you find this has to be resolved on your credit reports, post an update and lets go from there.
Than you kindly for your advise and I will
Hi Michael,
I am dealing with a Pinnacle Credit Collection that was from Verizon Wireless. I have asked Verizon to show prof of the debt that I had extended my contract for a phone replacement. I never signed a second contract and simply wanted prof. SO I paid off my bill but refuse to pay off the cancellation part of the contract since they have not provided me what I requested. Every time I spoke to them they just said it was done at a specific store that I personally have never been to. Now the collection has been passed on to Pinnacle Credit Collection that I have disputed through the credit bureau. That seems to be worthless. It just comes back and says it is a valid debt. Pinnacle Credit Services reported it as of Dec 2013 but, I believe that Verizon Wireless reported it as of 2010. I find that it changes hands for collections. And I see that Pinnacle has it listed as a Charge OFF.
How do I get this off my collection status.? I would pay it if they gave me the prof I have requested, but, I still have yet to see it.
Thanks,
Darlene H.
Maryland Resident
I would file a debt collection complaint with the CFPB against both Verizon and Pinnacle. Use that link to prepare for submitting your complaint and let me know how it turns out.
Hi,
Pinnacle has been calling me for quite some time. They are calling about a Bank of America account from 2004. I did have a couple of accounts from back then that I did not pay, but I honestly do not think I had an account with Bank of America. I have only answered and spoken to them once, because they were calling family. I asked for proof of the debt, they would not send it. I asked for their address, they would not give it.
They acknowledged the SOL has been far exceeded, but wanted to settle with me instead of filing a 1099-C with the IRS. That was back in October and supposedly the guy was going to file by the end of the week. They are still calling saying they are “about to file”.
I want to send them a letter to stop, but I am worried maybe this is a debt I am just not remembering and then that will trigger them to file the 1099-C. What should I do?
I do not think they are going to file the 1099. If it were me I would call them on it.
Is there any Bank of America debt appearing on your credit reports?
no, nothing that I can see
Hey Micheal,
I have a similar situation with S&R as well. I have received my second notice of right to have exemptions designated. I was unemployed when I received my first one and unemployed when my credit card went into default. I’m now in a position to negotiate a reasonable payment plan but I do not know where to begin. My original debt was with Capital One credit card and eventually ended with CACH, LLC who is using S&R to collect. My last payment to Capital One was in 2009 and the balance was 5400. That balance is now greater than 9000. I can not afford to settle at 50%. What are my options and where do I start?
You will want to address any requirement you may have to respond to their fishing expedition about whether you are more collectable now. If you have no shot of coming up with half of the balance, it is better to call Sessoms and Rogers to negotiate a settlement when they have no other way to collect from you.
If you want to set up payments you will often not be negotiating a discount, but what you are confident you can pay each month, and what they are willing to accept. Here again, the payment they agree to will often be more flexible if they cannot get payment any other way (from assets or your bank account).
Be careful how low your payments are. Judgment interest is being applied. You want to make payments that put a dent in the balance owed each month.
Thanks for your comments. How long do these judgements stay in effect? I have heard different things and that they may renew the judgment after a certain amount if years. Is this true?
Would it be a better route to contact Cache LLC directly?
Yes, judgments can be renewed in most states. I am not certain about how long they can be renewed for in NC, but the original judgment is good for 10 years without a renewal.
You will typically not be able to resolve the debt with Cach LLC when Sessoms and Rogers is actively involved in collection.
Your information has been helpful. Last question, is there a way to remove the judgement lien without paying it?
You can challenge the judgment at the court level and get it vacated or voided. The odds are heavily against that happening.
Ok, thank you. Have you heard of any dealings with Sessoms and Rogers and are they willing to settle reasonably?
I have plenty to share about Sessoms and Rogers. Depending on your definition of reasonable, and the collector you reach there, they can be both. Sometimes… not so much.
Hi Michael,
My husband & I currently have two liens filed against us, one on him, and one one me for past credit card debt from 2009. Sessom & Rogers sent a sherriff out to issue the court date, and we were unable to pay anything at the time, so we didn’t do anything at all. One is for only $945, the other is about $9.000 (after all of their interest accruing).
We wanted to attempt to settle these on our own, but Sessom and Rogers is hard to deal with and even get on the phone. My husband made a settlement offer on the smaller one a few weeks ago, and can’t get an answer. We are finally in a better financial place, and would like to buy a home. These liens are holding us back, and we don’t know what to do to even start. Should we hire a lawyer? We are in Mooresville, NC. Thanks for your time and thoughts!
Who are the judgment creditors, or the named plaintiff’s in the lawsuits Sessoms and Rogers filed?
Are you able to fund 50 to 60 percent settlement offers right away?
Have you already applied for a home loan?
What do your credit reports show as far as your making on time payments to others (car loan, student loans, credit cards)?
Your answers will help me be more detailed with my feedback.
Hi, Cache LLC is the plaintiff. I believe the original credit card was Chase Bank. On the larger one. The debt has been outstanding since 12/29/07, and defaulted at around $6k. We haven’t applied for a home loan yet, we’ve only pulled our credit. We are both in the 630-650 range. We do show some delinquency on making payments for an old car loan with Santander. However, it was paid off in full Sept 2012. We have shown favorable in making payments more in the past 4 years. We wouldn’t be able to settle at quite 5O% of the amount it has accrued to now ($9k) . That’s what we wanted to get an idea on. Maybe 50% of the original amount that defaulted ($6k) before interest…..We just don’t know how to begin & as I said before, we haven’t been able to work anything out on even the smaller one with Sessom & Rogers yet. Is a lawyer necessary?
I would not say you need a lawyer, but you are likely going to need to wait until you save up more money. I rarely see judgment debts settle for less than 50%. When I do, it is in hardship situations that you will not be able to meet.
In this situation, all settlements will be based off balances owed at the time you are negotiating.
I would not focus on settling the little one first, but the bigger judgment balance. Who is that one owed to?
Both are with Sessom and Rogers with Cache LLC. as the plaintiff.
Do you have any tips on communicating with Seasom and Rogers to get this done as quickly as possible? They sent a letter in the mail yesterday saying “you may request copies of documentation relating to this account,”….. to do so, this must be done in writing.” I don’t really know why this letter was sent, except for that my husband called recently to offer a settlement.
Sessoms and Rogers is sending that as a CYA measure more than likely. Going down that path will slow down negotiations in my experience.
If you are looking to settle as rapidly as possible you will need the money to dung the settlement. The quicker you need to be the more likely you will need more than 50% (and they may not go that low to begin with).
I cannot find a date of last activity … it is curiously missing on my report.
You can call Chase and ask. You may also want to pull up different reports, if you are only looking at one bureau, and see if that information is available.
Thanks, I will suck up my pride and call Chase. I have checked all three and the all show Pinnacle/opened in 2012 and no last activity date or charge off
Thanks again and I really appreciate the help!
Thanks Michael.
That is what I am trying to figure out. I believe I stopped paying them sometime in 2008 … 2009 at the latest, so the SOL should be soon. Pinnacle reporting the account opened in 02/2012 is that really bothers me. The report makes it appear to be a re-aging of the account .
Every review/blog and BBB report (“F” rating) about Pinnacle is less than favorable about getting any account information and bogus reporting times. And I really don’t want to risk validating it now.
I know it’s legit.
Should I contact Chase about my last payment date?
I here you on the reaging… it is a huge problem with not just Pinnacle Credit Services, but many debt collection agencies. I would suggest you just skip disputing with the bureaus and head straight to file a credit reporting complaint with the CFPB, but not until you know that the SOL to sue in your state has expired, and also not if you have any financing plans that would necessitate your resolving the debt with Pinnacle.
Forgot to ask what the date of last activity is that Chase is reporting, or the charge off date?
I opened two credit cards with Chase around 2004-6 at 5.99% for several years. Payed both online without incident, then for some reason, one of the payments did not get credited and Chase blew my interest on BOTH cards to 25.99% and subsequently to 31.99%.
Was furious, could not afford it and they would not relent. As the economy plummeted in ’08-’09, I stopped all payments as much out of TOTAL RAGE against them as much as the inability to pay.
I DO NOT wish to settle, I am merely curious as to when the statute runs out. By my estimation, I believe may last payment was in ’08 … however, Pinnacle Collection Agency is showing the account as opened on 2/12 – ABSOLUTELY not true. It also shows nothing for my last activity anywhere on my credit report.
— Should I contact the credit bureaus, Pinnacle or Chase regarding my payment history and statute of limitations expiration date? I really want zero contact with Chase.
I can help you assess your opportunities here better if you could narrow down the year and month you last paid Chase. I know you are in Ohio from your other post in the BofA thread, and want to be sure the SOL to sue is expired before suggesting any credit reporting disputes.
I checked my credit report and their was 15,000.00 debt and do not believe i owed.pinnacle name shown,without address or phone number on my credit report.any advise?
Do you have outstanding debts that went unpaid for any period of time? Pinnacle Credit may have picked up a debt and is reporting on something from many years ago.
Is Pinnacle showing under the inquiry section of your credit report?
Michael. I’m sorry to bother you again. I checked online and it show a different address for Pinnacle as compared to what the CRS rep gave me. Do you know which one I should use for mailing copy of cease letter to CRS ? Thanks.
Online:
Pinnacle Credit Services
7900 Highway 7
St Louis Park, MN 55426
Rep:
7900 Highway 7
Minneapolis, MN 55426
BBB:
7900 Highway 7 Ste 100
Minneapolis, MN 55426-4045
The first one you listed, St Louis Park, is the identical address that is listed with the Minnesota Secretary of State for Pinnacle Credit Services. I would go with that one.
Thank you again. I plan to have mom send out the letters this week. At this point – there is no need for me to call CRS back since I have the information I need. I’m assuming they will try to make contacts again and I will just remind them of the cease/desist letters. I really appreciated you taking the time and educating me on subject of debt collection. I will keep you posted after I mail the letters out for mom. Have a wonderful Thanksgiving with your love ones!
Samantha – Sending a letter like this to Collection Recovery and Pinnacle Credit is meant to accomplish a couple of things:
1. Stop collection calls from CRS to your mom.
2. Provide a record if CRS tries to continue to collect after receipt.
If Collection Recovery Systems continues to call your mom after you know they received the letter requesting that to stop – post an update. Cease communication means just that – Stop it. If CRS continues collection efforts later, it will be time to file complaints and consult with a collection and consumer rights attorney.
I do not expect Collection Recovery to continue to try to collect.
I hope you enjoy the holiday too! We have a head start at my household with family gathering later tonight.
Called CRS today and confirmed it’s Pinnancle Credit Services. Rep re-emphasized it’s possible for Chase to not have record of such debt. He suggested I called Pinnacle. Interesting comment from rep on expired SOL when I asked him – he said as long as a debt has a balance, no SOL applies? That’s doesn’t make sense at all.
Samantha – Thank you for the updates. Now that you know it is Pinnacle Credit Services you can copy them on any correspondence.
Was it Marshall Hunter at Collection Recovery Systems that you spoke to again? He got a good grade for be being polite, but he is flunking out for misleading. I will try to give him an out:
There is a statue of limitation for filing a legitimate lawsuit in order to collect. That is what the SOL is for – suing. There is no statute of limitations for making the debt disappear. It will always be out there, just not enforceable.
Thanks Michael. I will call CRS back next week to confirm their address as well as correct name of Pinnacle group he work for. He was surprisingly helpful when I questioned him of the possibility of error on debt. He suggested I call Chase and also follow up with Pinnacle. Can I ask if you would recommend cease /expired SOL letter send to Pinnacle as well as CRS? I think CRS rep not mentioning of expired SOL is because he don’t think I will read up such topic and hope that I just take his words that debt is valid and mom need to pay. Mom don’t recall receiving letter from CRS and phone call last week was the 1st from them. Thank you again for your helpful information.
I would send a copy of the Collection Recovery Systems letter certified return receipt to the debt owner if it were me in the same spot.
CRS and other debt collectors fail to mention that the debt is past the statute of limitations to sue because they wither do not know that information because it is not provided to them, or are concerned that anyone would take the debt seriously anymore.
Just so you know, Collection Recovery Systems should now be sending a collection letter to the address they have for your mom. They need to do that within 5 days of the collection call placed.
Keep me posted in the comments on this page if you are up to it.
Sorry. Forgot to ask if my mom should sign the cease letter or just print name ? Thank you.
Thank you for quick response. I really appreciated all the information you provided. I was going to send a debt validation letter but I will follow your recommendation and do the cease communication letter. I am assuming you would suggest I not call the rep back ? To be honest, I expected rudely behavior from debt collection (never talk to one before) but the guy I talked today w/ mom on phone seems polite. Maybe that’s their trick. Mom and I lived in separate cities and now they have my cell#, I’m concern they will continue calling me to get through mom. Should I leave message letting rep know the cease letter is being sent? The rep “Marshall Hunter” gave my mom #214-319-5362. When he leave me a message, he left a 800-214-5362. I did some research online and found phone# belongs to a company name CRS (Collection Recovery Systems) out of Dallas, Texas. He said Pinnacle is his client. I don’t recall which one. Thank you again.
Samantha – Thanks for the additional detail. Sending the cease communication letter when you are certain the debt is past the statute of limitations is the way to go, as opposed to the debt validation request.
It would be good to know which of the Pinnacle debt buyers Collection Recovery Systems is working for. That would be about the only reason I would call Marshall Hunter at CRS back. I would not call a debt collector back that you are sending a cease communication letter to in order to let them know you are sending one. There are other reasons to call, like you need an address to send the mail certified return receipt to, or to find out who the debt owner is.
Do you have the address for Collection Recovery Systems? Has your mom received a collection letter from CRS in the past?
You are right about debt collectors having different approaches. Some are abrupt and even rude. Some debt collectors are harassing to the point they break laws. Many debt collectors actually are like the one you describe. They are polite and informative to the point of actually being helpful. The recession and record defaults on credit card and other debts have led to a kinder gentler debt collector (though there could certainly be more of that).
So, high marks for Marshall at Collection Recovery Systems. It would have been nicer to hear that he disclosed that the debt is outside the statute of limitations and that he had not made a general statement about collection accounts not typically appearing on the credit report.
If you were to call back, I would stick to trying to find out which debt buyer they are working for, either Pinnacle Financial Group or Pinnacle Credit Services. It may even be a different debt buyer with Pinnacle in the name – everyone wants to be at the top after all 🙂
Knowing who the debt buyer is that hired Collection Recovery Systems would be useful if the debt raises its head again, or if you wanted to send a letter to Pinnacle about the debt being out of statute etc.
Regarding your follow up comment – A signature is always a good idea to authenticate a letter.